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(영문) 수원지방법원평택지원 2017.05.26 2017가단1153
건물명도 등
Text

1. The Defendant each indicated in the attached Form 1, 2, 3, 4, 5, 6, and 1 among real estate 165.5 square meters in the attached Table list to the Plaintiff.

Reasons

1. There is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and Eul evidence Nos. 1, on May 1, 2015, the plaintiff agreed to the defendant on May 1, 2015 that the lease deposit is KRW 50,00 won, monthly rent, and two years (24 months from the delivery date) with respect to the leased land Nos. 1, 2, 3, 4, 5, 6, and 1 attached drawings among the real estate No. 165.5m2 listed in the attached Table No. 1, 165m2, the plaintiff and the defendant may terminate the lease contract if the tenant have failed to pay rent more than twice (hereinafter referred to as "the lease contract of this case"), and the plaintiff and the defendant notified the defendant of the increase of the rent as KRW 1,201,216,201.

According to the above facts, since the instant lease contract was lawfully terminated on January 2, 2017, the Defendant is obligated to order the Plaintiff to use the instant commercial building, barring any special circumstance, and to pay the amount at the rate of KRW 400,000 per month from January 3, 2017 to the completion of the name of the said commercial building, which was sought by the Plaintiff due to unjust enrichment equivalent to the rent after the date of termination of the lease contract.

2. On November 2016, the Defendant’s defense, etc. sought to pay the overdue rent to C, who is a manager of a commercial building, but C refused it and did not pay the monthly rent. On January 2017, the Defendant failed to transfer the overdue rent to the account that was remitted as the monthly rent, but did not return it to the non-existent account. On February 10, 2017, the Defendant served a duplicate of the complaint of this case and deposited the Plaintiff with repayment of KRW 80,000,000 in arrears with the Plaintiff on February 10, 2017, the said lease is still in force.

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